The Tarot Room – Georgianna

And more in legal news …

Last week, Salem City Council moved to temporarily suspend issuing new fortune-telling licenses. They want time to close a loophole in the existing ordinance.

According to the present law, in order to qualify for a fortune-telling license, 51 percent of a shop must be dedicated to the metaphysical, for instance tarot cards, crystals and the like.

But apparently, that’s not what’s been happening.

Councilor-at-large Joan Lovely says she herself is aware of two businesses that created separate corporations within the same establishment in order to get around the license requirements.

To stop this from happening, Lovely asked for the suspension of license issuance to allow the city solicitor time to recommend changes. She received unanimous support of the council.

None of them want too many fortune-telling business in town, but they’re also aware of how important they are to Salem.

Council expects to consider the proposed amendments at their first meeting in September. They’d like to settle the issue before October’s witchy season begins.

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Seal of Cook County

It’s now legal to juggle, perform acrobatic feats, and read fortunes in Cook County, Illinois’ Forest Preserve.

The Forest Preserve commissioners took time out last week to clean up some of the old, and possibly illegal, ordinances they still had on the books.

According to Dennis White, attorney for the County, the rules against juggling and acrobatics were probably instituted to discourage carnivals or circuses from setting up in the preserve.

If that’s true, I’d guess that’s also why fortune-telling was banned. But the decision to lift the ban had nothing to do with circuses.

According to one of the commissioners, that was done because the ordinance didn’t define what fortune-telling is.

So it’s now okay to juggle, somersault, and divine at the preserve. But take note, it’s still illegal to go naked on its driving range and golf course.

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Flag of Tennessee

The American Civil Liberties Union of Tennessee filed a case in Federal Court last month challenging fortune-telling restrictions in Sevierville.

Psychic and Tarot reader, Rose Williams, was ordered by the City last September to stop offering fortune-telling services, or shut down her business.

Considered ‘adult oriented activity’, she was told she could only continue her work in designated zones.

According to Sevierville bylaw, sexually oriented businesses, tattoo parlors, and psychic and palm reading activities must be at least 1000 feet from any school, church, public assembly facility, and/or residential zoning district.

Williams’ business abuts a residential zoning district.

The ACLU-TN is arguing that the zoning ordinance unconstitutionally limits Williams’ freedom of speech and expression, and deprives her of her rights as granted under the first and fourteenth amendments.

They’re seeking for the ordinance to be overturned, an injunction put in place to prohibit its enforcement, and that Williams be awarded actual and nominal damages.

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It looks like Meridian, Mississippi might just lift their ban on fortune-telling businesses after all.

Though City Council voted last April to maintain the 38 year old ban, just this week, the issue was revisited.

This time round, instead of only one voice in opposition to the ban, the majority of the Council seems to support the change.

It’s not that they support psychics, so much as they fear having a lawsuit brought against them for trying to enforce an unconstitutional law.

If the ban is lifted, council intends to have psychic or fortune-telling businesses restricted to particular areas of the city, not just to particular business zones.

Action will likely be taken over the next couple of council meetings.

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Harford County Seal

On Monday, Bel Air, Maryland joined the rest of Harford County in repealing its ban on fortune-telling.

By a vote of 4-1, the Board of Commissioners approved an ordinance that updates the definition of fortune-telling, taking out references to the occult, as well as designating acceptable zones of practice.

Going forward, psychic businesses will be permitted to operate in B-3 business zones. They must be 1,000 feet from schools or any other fortune-telling establishment.

The board tried to pass a similar amendment in March, but faced protests from residents opposed to the changes.

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Palm Trees in Palm Springs

Palm Springs, California might soon allow fortune telling, body piercing, tattooing and the sale of tobacco in its downtown core.

Presently businesses offering such services are restricted to areas defined as professional zones. But that might soon change.

The Palm Springs Planning Commission voted unanimously last Wednesday to go forward with a public hearing on a proposed amendment to the present restrictions.

The Director of Planning Services, Craig Ewing, described the existing restrictions as outdated and feels they should be changed to reflect present day attitudes, not ideas from 20 to 50 years ago.

Businesses are already offering these services in the downtown area. Some have been there since before the present laws came into effect.

Some are technically legal, but just so. Like the store that sells tobacco in less than 50 percent of its area, so as to be considered a gift shop rather than a tobacco shop.

Other businesses are simply breaking the law.

It sounds like Palm Springs is just making what’s already happening, legal across the board.

The public hearing is expected to be in late May or early June.

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Meridian, Mississppi

This week, the Meridian, Mississippi City Council voted to maintain a 38-year old ban on fortune-telling, despite taking steps to rescind it last month.

In a 4-1 vote in favor of keeping the ban, the council acted against the recommendation of the city attorney who believes it to be unconstitutional.

And given that Maryland’s high court determined last year that it was, he’s probably right.

The lone voice against the ban was Dr. George Thomas of Ward 1. He wants to avoid a lawsuit, feeling that it’s better to drop the ban and zone the readers, than to face a legal challenge the city is likely to lose.

Mary Perry of Ward 2 disagrees and voted to maintain the prohibition. She said she based her decision on her religious beliefs, what the bible says, what’s legal and what’s in her heart after prayer.

Meridian is the final resting place of Callie Mitchell, the Gypsy Queen. When she died in 1915, services were held at the Episcopal church and over 20,000 people attended.

Her burial site at the Rose Hill Cemetery is now a city attraction. I wonder what she would think of the ban.
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Thanks to Jason for being the first to let me know about the vote.

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Eastpointe, Michigan in Red

In order to get a license for a psychic business in Eastpointe, Michigan, you’ll now have to go through a criminal history check, list your past home addresses, submit your employment history, and be fingerprinted.

Under the new law, anyone using cards, tea leaves, psychic powers or other objects to predict the future, remove curses or ‘effectuate other activity’, must get a license from the City Clerk. It’s to be renewed annually and costs $150.

Licenses are to be prominently displayed alongside a rate schedule that must be on a sign at least 8 inches by 10 inches. Violators will face misdemeanor charges punishable by up to 90 days in jail and a $500 fine.

According to Councilwoman Veronica Klinefelt, the new regulations were largely a response to newspaper articles about people, particularly seniors, being financially cheated by unscrupulous psychics.

I wonder if the articles they considered were about crimes actually committed in Eastpointe. If not, it seems a little overboard.

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Carroll County Seal

Some follow-ups in fortune-telling legal news …

It looks like the 38 year-old ban on fortune-telling in Carroll County, Maryland is about to end.

Last week, the repeal measure won approval from the Senate and House of Delegates.

It’s next step is to be reviewed by Governor Martin O’Malley.

Since the Maryland Court of Appeals ruled last year that bans on fortune-telling businesses violate the First Amendment, such laws have been facing opposition across the country.

Harford County, Maryland repealed its 31-year old prohibition just last week.

And Meridian County, Mississippi is likely to follow suit.

The City Attorney’s office has been asked to draw up a repeal motion to be presented to Council in April.

And in Pompano, Florida, City Council is considering changing their law to allow fortune-telling businesses to operate in the general business districts.

Presently, such establishments are relegated to light-medium industrial areas, alongside strip clubs and pet hotels.

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Harford County Seal

Despite protests last week, fortune-telling is now legal in Harford County, Maryland.

At a meeting this past Tuesday, council voted 6-1 to approve a bill which repeals the 31-year ban on psychic businesses.

But it limits where they can be located to the B-2 and B-3 business zones.

The vote was delayed until this week after protests last week by some residents opposed to fortune-telling.

Protesters disagreed with the recent Maryland High Court decision which ruled that bans against fortune-telling are unconstitutional limits to free speech.

Though there was little, if any, support for fortune-telling among council members, they felt they had no alternative but to vote as they did.

According to Bryna Zumer of the Aegis, Councilman Guthrie, who introduced the bill, explained it this way,

“A ‘no’ vote on this bill would mean you approve fortune-telling anywhere in this county. The worst thing about that is if one went next door to you…that would be grandfathered and you couldn’t get it out of there.”

Councilman Joe Wood, the only councillor to vote no on the bill, disagreed. He felt that any vote to repeal fortune-telling was wrong, and shouldn’t be supported.

Another councilman, Jim McMahan described it as the best of two evils.

Though he compared Tarot readers to ‘snake-oil salesmen’, he felt that keeping their ‘mystical occupations’ in the open was better than nothing.

Before the new legislation becomes official, it still has to go to County Executive David Craig for his approval.

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